Trademark Infringement

October 26, 2008
Intellectual Property News and Interesting Facts

Basically, infringement is the unauthorized use of a trademark without the trademark owners permission. The main issues in a trademark litigation case are whether the plaintiff has a protectable right in the mark; and if the plaintiff does have a protectable right, is there infringement as judged by the likelihood of confusion as to source, endorsement, affiliation or sponsorship of the product. Likelihood of Confusion Likelihood of confusion means that confusion is probable.